Below is some information on Different Types of Orders in Family Court, For other useful information see our FAQ page here https://nationalfamilymediationservice.co.uk/faqs/
The Family Court (in the Brentwood area, this is the Chelmsford County Court and Family Court) deals with legal issues arising from the breakdown of family relationships. These orders fall into two main categories: Private Law Children Matters and Financial Remedy Matters.
These applications are made under the Children Act 1989 and concern issues relating to children when parents or family members cannot agree.
Child Arrangements Order (CAO) – This is the most common order sought. It replaced the older terms “Residence Order” and “Contact Order.”
What it deals with: Who the child lives with (formerly Residence). When the child spends time with each parent or other significant party (formerly Contact).
Purpose: To establish a clear, legally defined routine and schedule for the child’s time between separating parents.
Specific Issue Order (SIO) This order is used to resolve a specific, one-off dispute about an element of the child’s upbringing.
What it deals with: Which school the child should attend. whether the child should be emigrated abroad (relocation applications). Which religion the child should follow or be baptized into and any consent for non-emergency medical treatment.
.Prohibited Steps Order (PSO) This order is used to prevent one parent from taking a specific action without the consent of the other parent or the court.
What it deals with: Preventing a parent from unilaterally changing the child’s surname, stopping a parent from moving the child to a distant location or taking them abroad permanently. Preventing a parent from withdrawing a child from their current school.
Purpose: To maintain the status quo and prevent immediate, harmful disruption to the child’s life while the underlying dispute is settled.
These applications deal with the division of assets, property, income, and pensions following a divorce or dissolution of a civil partnership.
Financial Order/Consent Order – This is the final legally binding document that sets out how the couple’s assets are divided. It is only granted once the parties are legally divorced or dissolved.
What it deals with: Property: Who retains the family home in Brentwood, or how it is sold and proceeds are divided. Maintenance: Whether one party pays ongoing spousal maintenance to the other. Pensions: How pension assets are shared (Pension Sharing Order). Lump Sums: Payments made by one party to the other.
Purpose: To achieve a fair division of marital assets based on needs, contributions, and the welfare of any minor children (Section 25 of the Matrimonial Causes Act 1973).
Maintenance Pending Suit (MPS) This is an interim order used early in the divorce process.
What it deals with: Providing one spouse with immediate, temporary financial support to meet their living expenses until the final financial order is made.
Purpose: To ensure neither party suffers undue hardship during the typically long process of gathering financial disclosure and negotiating the final settlement.
Non-Molestation Order – This order protects a person and any relevant child from being threatened, harassed, or abused by a family member.
What it deals with: Prohibiting the named person from using violence against the applicant or the child, intimidating them, contacting them repeatedly, or instructing others to do so.
Breach: Breach of a Non-Molestation Order is a criminal offence resulting in immediate arrest.
Occupation Order – This order relates to the use or occupation of the family home.
What it deals with: It can exclude the abusive or non-molesting party from the family home (even if they own it) for a specified period, or it can regulate which parts of the home each person can use.
Purpose: To protect the safety of the applicant and the children by ensuring a safe living environment.
Local Court Contact Information Chelmsford County Court and Family Court – New London Road, Chelmsford, CM2 0PP
Key Takeaway – Most applications require mandatory attendance at a Mediation Information and Assessment Meeting (MIAM) before court forms can be filed. The court always prioritizes the child’s welfare in all children-related orders.
National Family Mediation offers Services in the Brentwood area.
Call the Team today on 03300 101 367 or fill out a contact form here.
Our Brentwood Mediation Hub Strictly by Appointment Only. Location is not staffed.
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Our Brentwood Mediation Hub Address;
National Family Mediation Service in Brentwood – Finding Solutions Around Divorce & Child Arrangements.